Offences Relating to Elections Under the BNS

Chapter IX of the Bharatiya Nyaya Sanhita, 2023 (sections 169 to 177) deals with offences relating to elections. It defines "candidate" and "electoral right", makes bribery, undue influence and personation at elections punishable with up to one year's imprisonment, fine or both, and punishes false statements about candidates, unauthorised election spending and failure to keep election accounts with fine. These sections carry forward Chapter IXA of the old Indian Penal Code (sections 171A to 171I) with the same structure and some higher fines.

This explainer is for B.A. LL.B. and LL.B. students preparing for criminal law papers, and for any voter who wants to know where the line falls. If a party worker in Nagercoil hands out cash envelopes the night before polling, or someone in Madurai votes in a dead relative's name, these are the sections that apply.

Which sections make up the chapter?

The chapter follows a simple pattern. The first four sections define the wrong, and the next five fix the punishment or create smaller offences. Old IPC numbers are given in brackets only as pointers.

• Section 169 (old 171A): definitions of "candidate" and "electoral right".
• Section 170 (old 171B): bribery.
• Section 171 (old 171C): undue influence at elections.
• Section 172 (old 171D): personation at elections.
• Section 173 (old 171E): punishment for bribery.
• Section 174 (old 171F): punishment for undue influence or personation.
• Section 175 (old 171G): false statement in connection with an election.
• Section 176 (old 171H): illegal payments in connection with an election.
• Section 177 (old 171I): failure to keep election accounts.

What do the key definitions cover?

A "candidate" under section 169 is a person who has been nominated as a candidate at any election. An "electoral right" is wider than most students expect. It is the right of a person to stand, or not to stand, as a candidate, to withdraw from candidature, and to vote or refrain from voting. So pressure on a rival to withdraw is as much an attack on an electoral right as pressure on a voter.

Bribery (section 170) is giving a gratification to induce a person to exercise an electoral right, or to reward them for doing so, and also accepting such a gratification. Offering or agreeing to give counts as giving, and attempting to obtain or agreeing to accept counts as accepting. A declaration of public policy or a promise of public action is not bribery, which is why a manifesto promise is treated differently from cash at the doorstep.

Undue influence (section 171) is voluntarily interfering, or attempting to interfere, with the free exercise of any electoral right. The section gives two clear examples: threatening a candidate or voter (or someone they are interested in) with injury of any kind, and inducing them to believe they will become an object of Divine displeasure or spiritual censure. Again, a declaration of public policy, a promise of public action, or the mere exercise of a legal right without intent to interfere is excluded.

Personation (section 172) covers applying for a voting paper or voting in the name of another person, living or dead, or in a fictitious name, and voting twice at the same election. Abetting or procuring such a vote is also covered. Voting as a proxy where the law allows it is not personation.

What are the punishments?

1. Bribery (section 173): imprisonment of either description up to one year, or fine, or both. Bribery by "treating", that is gratification in the form of food, drink, entertainment or provision, is punished with fine only.
2. Undue influence or personation (section 174): imprisonment up to one year, or fine, or both.
3. False statement (section 175): making or publishing a false statement of fact about a candidate's personal character or conduct, intending to affect the result, is punished with fine.
4. Illegal payments (section 176): incurring expenses to promote a candidate's election without the candidate's written authority is punishable with fine up to ten thousand rupees. Under the IPC this was five hundred rupees. Expenses not exceeding ten rupees are saved if the candidate approves them in writing within ten days.
5. Failure to keep accounts (section 177): fine up to five thousand rupees, up from five hundred rupees under the IPC.

The bare act listing we consulted classifies sections 173 to 177 as non-cognizable, bailable and triable by a Magistrate of the first class. Because these offences are non-cognizable, the police generally need a Magistrate's order before investigating. Check the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 for the current classification before you rely on it in an answer or a complaint.

How does the BNS connect with the Representation of the People Act?

The BNS is not the only election law. The Representation of the People Act, 1951 deals with corrupt practices that can void an election and with separate electoral offences. Section 8(1)(a) of that Act lists the old IPC offences of bribery (171E) and undue influence or personation (171F) among the convictions that disqualify a person. Where only fine is imposed, the disqualification runs for six years from conviction. Where imprisonment is imposed, it runs from conviction and continues for six years after release.

At the time of writing we could not confirm whether the text of section 8 has been formally amended to cite BNS sections 173 and 174, so check the current text on India Code.

In Lily Thomas v. Union of India (decided 10 July 2013), the Supreme Court declared section 8(4) of the 1951 Act unconstitutional. That clause had given sitting MPs and MLAs three months to appeal before disqualification took effect. After this ruling, a sitting legislator convicted of a listed offence is disqualified from the date of conviction.

How should you write about this in an exam?

• Open with the chapter and section range, and give the old IPC pointer once.
• Define "electoral right" fully. Examiners notice when students forget the right not to stand or to withdraw.
• For bribery, state both sides (giver and taker) and the exception for policy declarations.
• Use one short example per offence: cash for votes, a threat of social boycott, a vote cast in a dead person's name.
• Mention treating and its fine only punishment. It is a favourite short note.
• Link to section 8 of the 1951 Act and Lily Thomas to show you understand the consequences beyond the criminal court.

Students who want hands-on exposure to voter awareness work can ask about the college legal aid clinic.

Sources

• India Code: Bharatiya Nyaya Sanhita, 2023: official record of the Act.
• BNS Chapter IX bare act (devgan.in): text and classification of sections 169 to 177.
• IPC Chapter IXA bare act (devgan.in): the old sections 171A to 171I for comparison.
• Section 8, Representation of the People Act, 1951 (Indian Kanoon): disqualification on conviction.
• Lily Thomas v. Union of India (Wikipedia): summary of the 2013 judgment on section 8(4).